| (1) |
An accounting officer may in terms of section 79 or 106 of the Act subdelegate any supply chain management powers and duties, including those delegated to the accounting officer in terms of regulation 4(1), but any such subdelegation must be consistent with subregulation (2) and regulation 4. |
| (2) |
The power to make a final award— |
| (a) |
above R10 million (VAT included) may not be subdelegated by an accounting officer; |
| (b) |
above R2 million (VAT included), but not exceeding R10 million (VAT included), may be subdelegated but only to— |
| (i) |
the chief financial officer; |
| (ii) |
a senior manager; or |
| (iii) |
a bid adjudication committee of which the chief financial officer or a senior manager is a member; or |
| (c) |
not exceeding R2 million (VAT included) may be subdelegated but only to— |
| (i) |
the chief financial officer; |
| (iii) |
a manager directly accountable to the chief financial officer or a senior manager; or |
| (iv) |
a bid adjudication committee. |
| (3) |
An official or bid adjudication committee to which the power to make final awards has been subdelegated in accordance with subregulation (2) must within five days of the end of each month submit to the official referred to in subsection (4) a written report containing particulars of each final award made by such official or committee during that month, including— |
| (a) |
the amount of the award; |
| (b) |
the name of the person to whom the award was made; and |
| (c) |
the reason why the award was made to that person. |
(4) A written report referred to in subregulation (3) must be submitted—
(a) to the accounting officer, in the case of an award by—
(i) the chief financial officer;
(ii) a senior manager; or
(iii) a bid adjudication committee of which the chief financial officer or a senior manager is a member; or
(b) to the chief financial officer or the senior manager responsible for the relevant bid, in the case of an award by—
(i) a manager referred to in subregulation (2)(c)(iii); or
(ii) a bid adjudication committee of which the chief financial officer or a senior manager is not a member.
| (5) |
Subregulations (3) and (4) do not apply to procurements out of petty cash. |
| (6) |
This regulation may not be interpreted as permitting an official to whom the power to make final awards has been subdelegated, to make a final award in a competitive bidding process otherwise than through the committee system provided for in regulation 26. |
| (7) |
No decision-making in terms of any supply chain management powers and duties may be delegated to an advisor or consultant. |
Older Persons Act, 2006
